More than 200 new Illinois laws take effect with the new year

More than 200 new laws passed in Springfield in 2017 will take effect on Jan. 1, 2018, including a measure to crack down on repeat gun offenders and one to honor former President Barack Obama.

More than 200 new laws passed in Springfield in 2017 will take effect on Jan. 1, 2018, including a measure to crack down on repeat gun offenders and one to honor former President Barack Obama. (Zbigniew Bzdak / Chicago Tribune)

It was a dramatic year under the Capitol dome, with Democratic and Republican lawmakers joining together to end the state’s historic budget impasse, raise income taxes and overhaul how money is doled out to school districts, all while clashing with Gov. Bruce Rauner along the way.

Despite the focus on state finances that consumed Illinois politics for much of the year, lawmakers in Springfield still managed to approve hundreds of other new state laws that didn’t get as much attention but will change what people can and can’t do in 2018. More than 200 will take effect Jan. 1.

Also among them is the measure Rauner signed to expand taxpayer-funded abortions, angering some conservative allies in the process. The governor’s move spawned a primary challenge from state Rep. Jeanne Ives of Wheaton. A lawsuit from anti-abortion groups seeking to delay the law from taking effect was dismissed by a Springfield judge Thursday, but the Thomas More Society said it will appeal.

Here's a glance at some of the other new rules for 2018.

Criminal justice

Seeking more tools to reduce gun violence in Chicago, Emanuel and Chicago police Superintendent Eddie Johnson won approval for a law to increase prison sentences for some people who commit repeat gun crimes. Instead of a range of three to 14 years for some repeat gun crimes, judges would hand out sentences of seven to 14 years under the new law. If they want to depart from that guideline, they will have to explain why.

Supporters contend the tougher penalties will help deter crime. Critics counter that there is little proof longer sentences will work and contend that the proposal could lead to a spike in arrests of African-American and Latino men, while doing nothing to address gun traffickers.

Still, the plan won support from Democrats and Republicans alike, in part because it also includes several provisions aimed at reducing the prison population — a key Rauner priority.

“These second-time offenders comprise a great majority of the criminals that destroy neighborhoods and high crime areas of the state,” said House Republican leader Jim Durkin, of Western Springs, who helped negotiate the bill with state Sen. Kwame Raoul, a Chicago Democrat now running for attorney general. “This is one of the few moments in the past few years where the General Assembly agreed on a difficult piece of legislation.”

Under other new laws:

• Defendants accused of murder will no longer be allowed to try to reduce their possible sentences using what’s known as the “gay panic” defense — saying their violence was an act of passion after learning a victim was gay. And sexual orientation can't be considered provocation for second-degree murder.

• Crimes committed at churches, synagogues, mosques and other places of worship can now be tried as hate crimes. The measure came about after an increase in vandalism and racist graffiti was reported at religious facilities across Illinois.

• Similarly, stalking, cyberstalking and sending obscene messages may be considered hate crimes, a change pushed by Attorney General Lisa Madigan to address the growing role technology plays when it comes to attacking victims.

• People leaving the state prison system will now receive a copy of their birth certificate free of charge. The idea is to remove hurdles that prevent people from leading productive lives, including finding housing and a job and enrolling in education, mental health and substance abuse programs.

Critics have called the practice “policing for profit.” The changes would make it easier for property owners to have their cases adjudicated. It would also shift the burden of proof on to officials, as well as increasing that threshold from probable cause that someone committed a crime to requiring a preponderance of evidence.

Health

Parents and guardians still can keep teens off the registry until they turn 18, but advocates say the change could help spark difficult conversations that can help parents make decisions should their children become potential donors.

• It will be easier for people who identify as transgender to change the sex designation on their birth certificates. Formerly, state law said transgender people could change their birth certificates only if a doctor said they had transition surgery. The new law would allow for a change if a medical or mental health professional confirms someone has received "clinically appropriate" treatment. A range of practices including hormone therapy would be covered, using a similar standard that already applies to U.S. passports.

Consumer measures

• Customers will be able to post company and product reviews online without fear of retribution under a measure aimed at protecting the “right to Yelp.” Under the new law, businesses can’t enforce nondisparagement clauses designed to prevent customers from posting critical reviews by threatening them with fees. Those clauses are often included in the fine print of sales contracts.

• A change pushed by state Treasurer Michael Frerichs will require life insurance companies to inform families if they are owed benefits from policies that date to 2000. Companies will be required to check their electronic records against the Social Security Administration Death Master File to determine if families are owed payments.

• Hair salons, barbers, dry cleaners and tailors will be required to provide customers with a price list for services upon request. The idea is to provide extra transparency to combat the so-called “pink tax,” in which women are charged more money for the same services provided to men.

Schools

• Preschool and early childhood education programs can no longer expel students, but rather must find programs and services to help them resolve problems standing in the way of schooling. Children can be temporarily removed if there are safety concerns.

The measure was pushed by the Ounce of Prevention Fund, which is run by first lady Diana Rauner. It comes after studies found boys and African-American children are most likely to be suspended or expelled.